CENTER FOR LAW AND EDUCATION

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Question:         Who are the “other qualified personnel” who must be members of the group conducting manifestation reviews under the Individuals with Disabilities Education Act (IDEA)?

Answer:           Under IDEA, a manifestation review must be conducted, and a manifestation determination made, before a child with a disability may be excluded from her current educational placement for more than ten days, including where a shorter suspension is part of a pattern of exclusions that together exceed ten days in a school year. The purpose of the review is to explore the relationship between the behavior at issue and the child’s disability and educational program and services. It is conducted, and the manifestation determination made, by the IEP team (which by definition includes the child’s parents) and other “qualified personnel.” 20 U.S.C. §1415(k)(4)(B); 34 C.F.R. §300.523(b) (1999). It may determine that the behavior was not a manifestation of disability only if:

•     in relationship to the behavior at issue, the child’s IEP and placement were appropriate, and that all services were implemented consistent with the IEP; and

•     the child’s disability did not impair her ability to understand the impact and consequences of the behavior at issue; and

•     the disability did not impair his ability to control the behavior.